Dutch court: Samsung's Galaxy Tabs do not infringe on Apple design right
Samsung’s Galaxy tablets do not infringe on an Apple design right, the District Court of The Hague ruled Wednesday in response to a request by Samsung.
At issue was Apple’s registration of a rectangular tablet with rounded corners as a “Community Design,” a form of intellectual property right available in the European Union that allows businesses to prevent others from copying the outward appearance of their products. Apple has attempted to assert the design right to prevent sales of Samsung tablets before, with mixed results.
Apple’s Community Design of a rectangular tablet with rounded corners was at the center of a legal dispute with Samsung in a Dutch court.
In his ruling on Wednesday, the president of the panel of three judges, Peter Blok, wrote: “The Galaxy Tab 7.7, 8.9 and 10.1 of Samsung are not covered by the scope of the community design.” This means that Samsung does not infringe on an Apple design right when it manufactures, supplies, markets, imports, exports or uses those products in the Netherlands and the E.U., according to the verdict.
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